Case: South Camden Citizens in Action v. New Jersey Department of Environmental Protection

1:01-cv-00702 | U.S. District Court for the District of New Jersey

Filed Date: Feb. 13, 2001

Closed Date: March 31, 2006

Clearinghouse coding complete

Case Summary

This is a case about disparate impact in the permitting and building of environmentally hazardous facilities. The plaintiffs, the advocacy group South Camden Citizens in Action and 10 local residents, filed this suit against the New Jersey Department of Environmental Protection (NJDEP) in the United States District Court for the District of New Jersey. The case was assigned to Judge Stephen M. Orlofsky.  In their complaint, filed on February 13, 2001, the plaintiffs alleged that the defendant h…

This is a case about disparate impact in the permitting and building of environmentally hazardous facilities. The plaintiffs, the advocacy group South Camden Citizens in Action and 10 local residents, filed this suit against the New Jersey Department of Environmental Protection (NJDEP) in the United States District Court for the District of New Jersey. The case was assigned to Judge Stephen M. Orlofsky. 

In their complaint, filed on February 13, 2001, the plaintiffs alleged that the defendant had intentionally discriminated against them in violation of Title VI of the Civil Rights Act of 1964. In 1998, the St. Lawrence Cement Company applied to the NJDEP for an air emissions permit to build a processing plant in the Waterfront South district of Camden, New Jersey. This neighborhood was a predominantly Black and Latino community and was already housing several industrial facilities and contaminated sites. The plaintiffs alleged that the construction of the site as permitted by the NJDEP would have an adverse disparate impact on them. 

On February 22, 2001, the St. Lawrence Cement Company was granted intervenor status. On that same day, the plaintiffs filed a motion for a preliminary injunction. The court issued its ruling on that matter on April 19, 2001. In his opinion, Judge Orlofsky held that the NJDEP had an obligation to consider racially disparate impacts when they were considering the permit application. 145 F.Supp.2d 446. Jude Orlofsky also found that the plaintiffs had made a prima facie showing that the operation of the facility would have a racially disparate adverse impact and that the harm to the community in building the facility would outweigh the harm to the permitee. Based on these findings, Judge Orlofsky granted the preliminary injunction. Accordingly, the case was remanded to the NJDEP to make additional findings of fact within 30 days. 

In the interim, the United States Supreme Court decided Alexander v. Sandoval. In that case, the Supreme Court held that there was no private right of action existed under Title VI of the Civil Rights Act to challenge the discriminatory impact of promulgated environmental regulations. In response to this decision, Judge Orlofsky allowed the plaintiffs to amend their original complaint to include a §1983 claim. On May 10, 2001, Judge Orlofsky issued a supplemental opinion stating that a cause of action existed under §1983 to challenge the disparate impact of violations under Title VI. As such, the court held that the April 19, 2001, order of the court was still in effect and the NJDEP was given an additional 30 days to file their findings. 145 F.Supp.2d 505.

On May 14, 2001, the defendants filed an appeal with the U.S. Court of Appeals for the Third Circuit. The Third Circuit issued its opinion on December 17, 2001. Writing for the court, Judge Greenberg found that §1983 did not create an enforceable right because there was not an enforcement action already in the statute. Judge Greenberg held that the Supreme Court’s decision in Sandoval indicated that Congress did not intend to create a right under Title VI for claims of disparate impact stemming from EPA regulations. Therefore, the Third Circuit concluded that the district court had erred in its interpretation of the law, vacated the order granting the preliminary injunction, and remanded the case for further proceedings. 274 F.3d 771. On June 24, 2002, the United States Supreme Court denied the plaintiffs’ petition for a writ of certiorari. 

On April 16, 2003, Judge Orlofsky granted in part and denied in part the defendant’s motion for dismissal. Judge Orlofsky allowed the plaintiffs to continue on their claims that the defendants violated their rights under the Fourteenth Amendment’s Equal Protection Clause. The other claims from the plaintiffs’ second amended complaint were dismissed. 

On May 29, 2003, the case was reassigned to Judge Ann Marie Donio. The plaintiffs proceeded on the remaining claims in their second amended complaint. The defendants filed several motions to dismiss as well as motions for summary judgment. On March 31, 2006, the district court granted the defendants’ motion for summary judgment as to all of the plaintiffs’ claims. The court held that the plaintiffs had failed to establish proximate cause for their nuisance claims and that Title VI only extended to intentional discrimination, which the plaintiffs had not shown. 2006 WL 1097498. This case was closed on March 31, 2006. 

Summary Authors

Claire Butler (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5713003/parties/south-camden-citizen-v-nj-environmental/


Judge(s)

Ambro, Thomas L. (Delaware)

Donio, Ann Marie (New Jersey)

Attorney for Plaintiff
Attorney for Defendant

Andretta, Gage (New Jersey)

Brand, Stefanie A. (New Jersey)

Depillis, Suzanne Hasson (New Jersey)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:01-cv-00702

Docket

April 3, 2006

April 3, 2006

Docket
50

1:01-cv-00702

Opinion

April 19, 2001

April 19, 2001

Order/Opinion

145 F.Supp.2d 145

70

1:01-cv-00702

Supplemental Opinion

May 10, 2001

May 10, 2001

Order/Opinion

145 F.Supp.2d 145

1:01-cv-00702

0:01-02224

0:01-02296

Opinion of the Court

U.S. Court of Appeals for the Third Circuit

Dec. 17, 2001

Dec. 17, 2001

Order/Opinion

274 F.3d 274

126

1:01-cv-00702

Opinion

April 16, 2003

April 16, 2003

Order/Opinion

254 F.Supp.2d 254

319

1:01-cv-00702

Opinion

March 31, 2006

March 31, 2006

Order/Opinion

2006 WL 2006

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5713003/south-camden-citizen-v-nj-environmental/

Last updated March 13, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed FILING FEE $ 150.00 RECEIPT # 278306 (gg) (Entered: 02/13/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER
2

CERTIFICATION of Dr. Marc H. Lavietes on behalf of SOUTH CAMDEN CITIZEN Re: application for preliminary injuction. (gg) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER
3

CERTIFICATION of Dr. Michel Gelobter on behalf of SOUTH CAMDEN CITIZEN Re: application for preliminary injuction. (gg) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER
4

CERTIFICATION of Geneva Sanders on behalf of SOUTH CAMDEN CITIZEN Re: application for preliminary injuction. (gg) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER
5

CERTIFICATION of plaintiffs' counsel, Olga D. Pomar, on behalf of SOUTH CAMDEN CITIZEN Re: application for preliminary injuction. (gg) Modified on 02/14/2001 (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER
6

CERTIFICATION of Olga D. Pomar on behalf of SOUTH CAMDEN CITIZEN Re: application for preliminary injuction. (gg) Modified on 02/14/2001 (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER
7

CERTIFICATION of Luke W. Cole on behalf of SOUTH CAMDEN CITIZEN Re: In support of motion fro Pro Hac Vice Admission. (gg) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER
8

CERTIFICATION of Michael Churchill, Esq. on behalf of SOUTH CAMDEN CITIZEN Re: In support of motion for Pro Hac Vice Admission. (gg) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER
9

CERTIFICATION of Jerome Balter, Esq. on behalf of SOUTH CAMDEN CITIZEN Re: In support of motion for Pro Hac Vice Admission. (gg) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER
10

CERTIFICATION of Olga D. Pomar, Esq. on behalf of SOUTH CAMDEN CITIZEN Re: In support of motion for Pro Hac Vice Admission. (gg) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER
11

MOTION for Special Appointment to Serve Process(General Rule 9C and FRCiv.P. 4(c) (gg) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

PACER

SUMMONS(ES) issued for NJ ENVIRONMENTAL and ROBERT C. SHINN JR. ( 20 Days) (Mailed to Counsel)n.m. (gg)

Feb. 14, 2001

Feb. 14, 2001

PACER
12

NOTICE of Allocation and Assignment filed. Magistrate Judge Robert B. Kugler(n.m.) (gg) (Entered: 02/14/2001)

Feb. 14, 2001

Feb. 14, 2001

PACER
13

Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 2/15/01; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

PACER
14

Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 2/16/01; The following actions were taken, Telephone conference call held. Ordered OTSC returnable on 3/20/01 and 3/21/01. By Judge Stephen M. Orlofsky (ar1) (Entered: 02/20/2001)

Feb. 16, 2001

Feb. 16, 2001

PACER
15

CONSENT ORDER permitting SLC to intervene and plaintiff's application for preliminary injunction shall be set for 3/20/01 and 3/21/01. n.m. ( signed by Judge Stephen M. Orlofsky ) (ar1) Modified on 02/23/2001 (Entered: 02/22/2001)

Feb. 22, 2001

Feb. 22, 2001

PACER
16

INTERVENOR'S ANSWER to Complaint by SLC. (ar1) (Entered: 02/27/2001)

Feb. 27, 2001

Feb. 27, 2001

PACER
17

ORDER, setting scheduling conference for 11:30 3/28/01. n.m. ( signed by Mag. Judge Robert B. Kugler ) (ar1) (Entered: 02/27/2001)

Feb. 27, 2001

Feb. 27, 2001

PACER
18

CERTIFICATION of James M. Murphy, DAG on behalf of NJ ENVIRONMENTAL, ROBERT C. SHINN; JR. Re: in opposition to [15-1] order. (ar1) (Entered: 03/06/2001)

March 2, 2001

March 2, 2001

PACER
19

CERTIFICATE OF SERVICE by NJ ENVIRONMENTAL, ROBERT C. SHINN JR. Re: Brief and Appendix in opposition to application for preliminary injunction, etc. (ar1) (Entered: 03/06/2001)

March 2, 2001

March 2, 2001

PACER
20

DECLARATION of Joseph Meadows on behalf of SLC; Re: in opposition to application for preliminary injunction, etc. (ar1) (Entered: 03/06/2001)

March 2, 2001

March 2, 2001

PACER
21

DECLARATION of Joseph Balzano on behalf of SLC; Re: in opposition to application for preliminary injunction, etc. (ar1) (Entered: 03/06/2001)

March 2, 2001

March 2, 2001

PACER
22

DECLARATION of Morris G. Smith on behalf of SLC; Re: in opposition to application for preliminary injunction, etc. (Exhibits Annexed) (ar1) (Entered: 03/06/2001)

March 2, 2001

March 2, 2001

PACER
23

DECLARATION of Brian S. Montag, Esquire on behalf of SLC Re: in opposition to application for a preliminary injunction, etc. (Exhibits Annexed) (ar1) (Entered: 03/06/2001)

March 2, 2001

March 2, 2001

PACER
24

DECLARATION of Phyllis Diosey on behalf of SLC; Re: in opposition to application for a preliminary injunction, etc. (Exhibits Annexed) (ar1) (Entered: 03/06/2001)

March 2, 2001

March 2, 2001

PACER
25

CERTIFICATE OF SERVICE by SLC; Re: Brief in opposition to application for a preliminary injunction, etc. (ar1) (Entered: 03/06/2001)

March 2, 2001

March 2, 2001

PACER
26

APPLICATION by NJ ENVIRONMENTAL, ROBERT C. SHINN JR. and Clerk's Order extending time to answer. Answer due 3/21/01 for ROBERT C. SHINN JR., for NJ ENVIRONMENTAL. n.m. (ar1) (Entered: 03/06/2001)

March 6, 2001

March 6, 2001

PACER
27

Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 3/9/01; The following actions were taken, Telephone conference call held. (ar1) (Entered: 03/09/2001)

March 9, 2001

March 9, 2001

PACER
28

SCHEDULING ORDER setting the ruling of motion for preliminary injunction on or before 4/6/01, etc. n.m. ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

PACER
29

SUPPLEMENTAL CERTIFICATION of Olga D. Pomar, Esquire on behalf of plaintiffs' SOUTH CAMDEN CITIZEN, et al; Re: in support of application for preliminary injunction. (ar1) (Entered: 03/13/2001)

March 12, 2001

March 12, 2001

PACER
30

CERTIFICATE OF SERVICE by plaintiffs' SOUTH CAMDEN CITIZEN, et al., Re: Reply Brief in support of application for preliminary injunction. (ar1) (Entered: 03/13/2001)

March 12, 2001

March 12, 2001

PACER
31

REVISED CONSENT SCHEDULING ORDER setting certain deadlines on expert reports, etc. n.m. ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 03/14/2001)

March 13, 2001

March 13, 2001

PACER
32

ORDER permitting Jerome Balter, Esquire, Michael Churchill, Esquire and Luke Cole, Esquire to appear and participate pro hac vice. n.m. ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

PACER
33

DECLARATION of Don L. Coursey, PH.D. on behalf of SLC. (Exhibits Annexed) (ar1) (Entered: 03/19/2001)

March 14, 2001

March 14, 2001

PACER
34

DECLARATION of Laura C. Green, PH.D., D.A.B.T. on behalf of SLC. (Exhibit Annexed) (ar1) (Entered: 03/19/2001)

March 14, 2001

March 14, 2001

PACER
35

DECLARATION of Ruby Z. Kennebrew on behalf of SLC. (ar1) (Entered: 03/19/2001)

March 14, 2001

March 14, 2001

PACER
36

DECLARATION of Reverend Al Stewart on behalf of SLC. (ar1) (Entered: 03/19/2001)

March 14, 2001

March 14, 2001

PACER
37

CERTIFICATION of Daniel Gutman on behalf of SOUTH CAMDEN CITIZEN, Et al. (ar1) (Entered: 03/19/2001)

March 19, 2001

March 19, 2001

PACER
38

CERTIFICATION of Phyllis Holmes on behalf of SOUTH CAMDEN CITIZEN, Et al. (ar1) (Entered: 03/19/2001)

March 19, 2001

March 19, 2001

PACER
39

SUPPLEMENTAL CERTIFICATION of Dr. Marc Lavietes, M.D. on behalf of SOUTH CAMDEN CITIZEN, Et al. (ar1) (Entered: 03/19/2001)

March 19, 2001

March 19, 2001

PACER
40

SUPPLEMENTAL CERTIFICATION of Dr. Michel Gelobter on behalf of SOUTH CAMDEN CITIZEN, Et al. (ar1) (Entered: 03/19/2001)

March 19, 2001

March 19, 2001

PACER
41

CERTIFICATION of Dr. Michel Gelobter on behalf of SOUTH CAMDEN CITIZEN, Et al. (db) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

PACER
42

ANSWER to Complaint by NJ ENVIRONMENTAL, ROBERT C. SHINN JR. (db) (Entered: 03/21/2001)

March 21, 2001

March 21, 2001

PACER
43

SUPPLEMENTAL DECLARATION of Don L. Coursey, PH.D. on behalf of SLC. (ar1) (Entered: 03/23/2001)

March 21, 2001

March 21, 2001

PACER
44

SUPPLEMENTAL DECLARATION of Laura C. Green, PH.D., D.A.B.T. on behalf of SLC. (ar1) (Entered: 03/23/2001)

March 21, 2001

March 21, 2001

PACER
45

SUPPLEMENTAL DECLARATION of Kit Liang on behalf of SLC. (ar1) (Entered: 03/23/2001)

March 21, 2001

March 21, 2001

PACER
46

SUPPLEMENTAL DECLARATION of Phyllis Diosey on behalf of SLC. (ar1) (Entered: 03/23/2001)

March 21, 2001

March 21, 2001

PACER
47

Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 3/23/01; The following actions were taken, Hearing on plaintiff's motion for preliminary injunction. Ordered decision reserved. By Judge Stephen M. Orlofsky (ar1) (Entered: 03/26/2001)

March 23, 2001

March 23, 2001

PACER
48

TRANSCRIPT of Proceedings taken on March 23, 2001. (ar1) (Entered: 04/04/2001)

April 3, 2001

April 3, 2001

PACER
49

OPINION FILED. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 04/19/2001)

April 19, 2001

April 19, 2001

PACER
50

ORDER granting pltfs'. application for preliminary injunction and enjoining ST. LAWRENCE CEMENT CO., LLC; directing certain permits issued by NJDEP be vacated and remanding this matter to NJDEP for further findings. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 04/19/2001)

April 19, 2001

April 19, 2001

Clearinghouse
51

Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 4/24/01; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 04/24/2001)

April 24, 2001

April 24, 2001

PACER
52

TRANSCRIPT of Proceedings taken on April 24, 2001. (ar1) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

PACER
53

Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 4/25/01; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

PACER
54

DECLARATION of Dennis W. Skidmore on behalf of SLC; Re: in support of Order to show cause for Preliminary Injunction Pending Appeal. (ar1) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

PACER
55

SUPPLEMENTAL DECLARATION of Brian S. Montag, Esquire on behalf of SLC; Re: in support of Order to show cause for Preliminary Injunction Pending Appeal. (ar1) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

PACER
56

CERTIFICATE OF SERVICE by SLC; Re: in support of Order to show cause for a Preliminary Injunction. (ar1) (Entered: 04/26/2001)

April 25, 2001

April 25, 2001

PACER
57

TRANSCRIPT of Proceedings taken on April 25, 2001. (ar1) (Entered: 04/26/2001)

April 26, 2001

April 26, 2001

PACER
58

ORDER granting plaintiff leave to amend the complaint. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 04/27/2001)

April 26, 2001

April 26, 2001

PACER
59

CERTIFICATE OF SERVICE by SLC; Re: Supplemental Brief in opposition to preliminary injunction. (ar1) (Entered: 04/27/2001)

April 27, 2001

April 27, 2001

PACER
60

CERTIFICATE OF SERVICE by SLC Service; Re: Second Supplemental Brief in opposition to pltf's. motion for Preliminary Injunction. (ar1) (Entered: 04/30/2001)

April 30, 2001

April 30, 2001

PACER
61

CERTIFICATE OF SERVICE by SOUTH CAMDEN CITIZEN; Re: Supplemental Brief in support of motion for Preliminary Injunction. (ar1) (Entered: 04/30/2001)

April 30, 2001

April 30, 2001

PACER
62

CERTIFICATE OF SERVICE by SOUTH CAMDEN CITIZEN; Re: Second Supplemental Brief in support of motion for Preliminary Injunction. (ar1) (Entered: 04/30/2001)

April 30, 2001

April 30, 2001

PACER
63

Notice of MOTION for leave to file an amended complaint by SOUTH CAMDEN CITIZEN, Motion set for 6/1/01 on [63-1] motion . (Brief/PO Subm) (ar1) (Entered: 04/30/2001)

April 30, 2001

April 30, 2001

PACER

Deadline updated; terminating [63-2] hearing Motion set for 6/1/01 on [63-1] motion. (ar1)

April 30, 2001

April 30, 2001

PACER
64

AMENDED VERIFIED COMPLAINT for Declaratory Judgment and Injunctive Relief by pltfs'. SOUTH CAMDEN CITIZEN, ET AL., (Answer due 5/10/01 for SLC, for ROBERT C. SHINN JR., for NJ ENVIRONMENTAL) amending [1-1] complaint. (ar1) (Entered: 04/30/2001)

April 30, 2001

April 30, 2001

PACER
65

TRANSCRIPT of Proceedings taken on April 24, 2001. (ar1) (Entered: 05/01/2001)

May 1, 2001

May 1, 2001

PACER
66

CERTIFICATE OF SERVICE by NJ ENVIRONMENTAL, ROBERT C. SHINN JR.; Re: Supplemental Brief opposing pltf's request for a preliminary injunction. (ar1) (Entered: 05/03/2001)

May 3, 2001

May 3, 2001

PACER
67

CERTIFICATE OF SERVICE by NJ ENVIRONMENTAL, ROBERT C. SHINN JR.; Re: Second Supplemental Brief opposing pltfs'. request for a preliminary injunction. (ar1) (Entered: 05/03/2001)

May 3, 2001

May 3, 2001

PACER
68

AMENDED ANSWER to Complaint by NJ ENVIRONMENTAL, ROBERT C. SHINN JR. in response to pltfs'. amended complaint. (ar1) (Entered: 05/07/2001)

May 7, 2001

May 7, 2001

PACER
69

OPINION FILED. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 05/10/2001)

May 10, 2001

May 10, 2001

PACER
70

ORDER denying motion of St. Lawrence Cement Co., L.L.C. to vacate Order and Opinion dated April 19, 2001; granting pltfs'. motion for a preliminary Injunction; vacating air permits issued by NJ Dep't of Environmental Protection to SLC; enjoining St. Lawrence Cement Co., L.L.C. and remanding this matter to NJDEP for further findings. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 05/10/2001)

May 10, 2001

May 10, 2001

Clearinghouse
71

CERTIFICATE OF SERVICE by SLC; Re: Letter Brief in support of motion for stay of preliminary injunction pending appeal. (ar1) (Entered: 05/11/2001)

May 11, 2001

May 11, 2001

PACER
72

ANSWER by SLC to amended verified complaint for declaratory judgement and injunctive relief. (ar1) (Entered: 05/11/2001)

May 11, 2001

May 11, 2001

PACER
73

Minute entry: Proceedings recorded by Ct-Reporter: Lisa Marcus; Minutes of: 5/14/01; The following actions were taken, Telephone conference call held. Hearing on motion by intervenor deft. for a stay of this Court's Orders pending appeal. Oral Opinion read into the record. Ordered motion denied. Order to be submitted. By Judge Stephen M. Orlofsky (ar1) Modified on 05/14/2001 (Entered: 05/14/2001)

May 14, 2001

May 14, 2001

PACER
74

ORDER denying Stay of Preliminary Injunction pending appeal and clarifying the Court's ruling under FED.R.CIV.P. 65(c). (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 05/14/2001)

May 14, 2001

May 14, 2001

PACER
75

NOTICE OF APPEAL filed at 4:24 by SLC Re: [70-1] order, [50-1] order . Fee Status: PAID. Copies of notice of appeal sent to USCA and Attorney(s): BRIAN S. MONTAG, JAMES M. MURPHY, OLGA D. POMAR (lc) (Entered: 05/15/2001)

May 14, 2001

May 14, 2001

PACER
76

Minute entry: Proceedings recorded by Ct-Reporter: Lisa Marcus; Minutes of: 5/15/01; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 05/16/2001)

May 15, 2001

May 15, 2001

PACER
77

TRANSCRIPT of Proceedings taken on May 14, 2001. (ar1) (Entered: 05/16/2001)

May 15, 2001

May 15, 2001

PACER
78

NOTICE of Docketing ROA from USCA Re: [75-1] appeal USCA NUMBER: 01-2224 (lc) (Entered: 05/17/2001)

May 17, 2001

May 17, 2001

PACER
79

NOTICE OF APPEAL filed at 9:21 by NJ ENVIRONMENTAL, ROBERT C. SHINN JR. Re: [50-1] order, [70-1] order . Fee Status: PAID. Copies of notice of appeal sent to USCA and Attorney(s): BRIAN S. MONTAG, JAMES M. MURPHY, OLGA D. POMAR (lc) (Entered: 05/21/2001)

May 18, 2001

May 18, 2001

PACER
80

NOTICE of Docketing ROA from USCA Re: [79-1] appeal USCA NUMBER: 01-2296 (lc) (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

PACER
81

Transcript Purchase Order RE: [75-1] appeal (Already on file in the D.C. Clerk's Office. 5.23.01, 4.24.01, 4.25.01, 5.14.01. (lc) (Entered: 05/29/2001)

May 29, 2001

May 29, 2001

PACER
82

Minute entry: Proceedings recorded by Ct-Reporter: Lisa Marcus; Minutes of: 5/29/01; The following actions were taken, Telephone conference call held. Ordered Oral Argument scheduled for 6/4/01 at 10:00a.m. By Judge Stephen M. Orlofsky (ar1) Modified on 05/30/2001 (Entered: 05/30/2001)

May 29, 2001

May 29, 2001

PACER
83

Notice of MOTION to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR., Motion set for 10:00 6/4/01 on [83-1] motion . (Brief/PO Subm) (ar1) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

PACER
84

CERTIFICATION of James M. Murphy supporting [83-1] motion to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR. (ar1) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

PACER
85

SUPPLEMENTAL DECLARATION of Dennis W. Skidmore on behalf of SLC. (ar1) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

PACER
86

SECOND SUPPLEMENTAL DECLARATION of Brian S. Montag, Esquire on behalf of SLC. (ar1) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

PACER
87

Minute entry: Proceedings recorded by Ct-Reporter: Lisa Marcus; Minutes of: 6/4/01; The following actions were taken, denying [83-1] motion to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR. By Judge Stephen M. Orlofsky (ar1) (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

PACER
88

ORDER denying [83-1] motion to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

PACER

Deadline updated; terminating [83-2] hearing Motion set for 10:00 6/4/01 on [83-1] motion. (ar1)

June 4, 2001

June 4, 2001

PACER
89

CERTIFICATE OF SERVICE by pltfs'. SOUTH CAMDEN CITIZEN, Et al; Re: Brief opposing [83-1] motion to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR. (ar1) (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

PACER
90

TRANSCRIPT of Proceedings taken on June 4, 2001. (ar1) (Entered: 06/05/2001)

June 5, 2001

June 5, 2001

PACER
91

Transcript Purchase Order RE: [79-1] appeal (Unnecessary for appeal pruposes) (lc) Modified on 06/21/2001 (Entered: 06/12/2001)

June 6, 2001

June 6, 2001

PACER
92

CERTIFICATION of Olga D. Pomar on behalf of pltfs. SOUTH CAMDEN CITIZEN, ET AL; opposing [83-1] motion to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR. (ar1) Modified on 06/21/2001 (Entered: 06/07/2001)

June 7, 2001

June 7, 2001

PACER
93

CERTIFIED COPY OF ORDER dismissing appeal purs. to Rule 42(b), Federal Rules of Appellate Procedure without cost to either party. (Appeal# 75-1 by St. Lawrence Cement Co., dismissed) (lc) Modified on 06/21/2001 (Entered: 06/13/2001)

June 8, 2001

June 8, 2001

PACER
94

CERTIFIED COPY OF ORDER FROM USCA as to New Jersey Department of Environmental Protection and Robert Shinn denying motion to stay portions of two District Court orders pending appeal, as presented, but the portions of the two orders are stayed until June 25. On that date, compliance with those portions of the orders will be required. (lc) Modified on 06/21/2001 (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

PACER
95

CERTIFIED COPY OF ORDER from USCA granting motion to expedite the appeal and directing that the brief for the appellant must be served and filed within 14 days fo the date of this order etc. The motion to suspend or modify the preliminary injunction is under consideration and will be ruled as soon as possible. (lc) Modified on 06/21/2001 (Entered: 06/14/2001)

June 13, 2001

June 13, 2001

PACER
96

Disparate Impact Analysis filed by NJDEP and Commissioner Shinn Pursuant to Court Orders of April 19, 2001 and May 10, 2001. (ar1) Modified on 06/21/2001 (Entered: 06/14/2001)

June 14, 2001

June 14, 2001

PACER
97

Minute entry: Proceedings recorded by Ct-Reporter: None; Minutes of: 6/14/01; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 06/14/2001)

June 14, 2001

June 14, 2001

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Environmental Justice

Key Dates

Filing Date: Feb. 13, 2001

Closing Date: March 31, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs in this case are a community advocacy group and local residents protesting the permitting of an environmentally hazardous industrial site in their community.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New Jersey Department of Environmental Protection (Mercer), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

Discrimination Area:

Disparate Impact

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black